Initial reports had it that the car company’s lawyers were objecting to fans’ putting out a calendar adorned with pictures they’d taken themselves of their beloved Mustangs. Later, the company said it was fine with the fans’ publishing the photos and calendars so long as they didn’t use the Ford logo. (AdRants, Jan. 14; Culture Garage, Jan. 11).
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This illustrates, infringement is advertising. If the infringement inspired someone to buy the product, the value of all products sold after the infringement should be deducted from any infringement settlement. Otherwise the holder would be unjustly enriched by advertisement for free. The disgorged unjust profit may exceed the value of the infringement.
Breathtaking stupidity. Here Ford’s got people who are rabid enough about their product that they’re producing calendars. And Ford decides to throw cold water on ’em.
Didn’t someone down in Legal think to, say, offer the Mustang club a free, easily revokable licence to use the logo? Maybe encourage the guys who love your product?
The Fair Use doctrine should apply here. Put in a disclaimer that Ford has nothing to do with this Calendar and let them sue you.
“And Ford decides to throw cold water on ’em.”
Ford, or some overly zealous legal flunky in a lawfirm they happen to do business with?
Ford of course has a legal obligation to protect their trademarks (and thus the Ford and Mustang logos among other things) from being used by 3rd parties without their consent, as well as a business interest in selecting the channels used to promote their products.
If one of those calendars turned out to be pornographic for example it could hurt the company if it got distributed widely.